TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER II: BOARD OF HIGHER EDUCATION
PART 1030 PROGRAM REVIEW (PRIVATE COLLEGES AND UNIVERSITIES)
SECTION 1030.30 INSTITUTIONAL APPROVAL


 

Section 1030.30  Institutional Approval

 

The following general rules apply to institutions seeking a Certificate of Approval under the 1945 Act and an Authorization to Operate under the 1961 Act. Section 1030.40 identifies exceptions to these rules for those institutions covered by only the 1945 Act. Section 1030.50 identifies exceptions to the general rules for the institutions covered by only the 1961 Act.

 

a)         Criteria for Evaluation of the Application for a Certificate of Approval and/or Authorization to Operate

The following criteria are designed to measure the appropriateness of the stated educational objectives to the name and degree programs of a given institution and the extent to which suitable and proper processes have been developed for meeting those objectives:

 

1)         The objectives for the institution and its degree programs must be consistent with what the institutional name and degree program titles imply.

 

2)         The caliber and content of each course or program of instruction, training or study shall be reasonable and adequate for achieving the stated degree objectives for which the course or program is offered.

 

3)         The institution shall have adequate and suitable space, equipment and instructional materials to provide education of suitable quality.

 

4)         The education, experience and other qualifications of faculty, staff and instructors shall reasonably ensure that the students will receive education consistent with the objectives of the course or program of study.

 

5)         Program Information

 

A)        The institution shall be prepared to provide students and other interested persons with a catalog or brochure containing the following information:

 

i)          Descriptions of the degree programs offered, program objectives, length of program and institutional calendars with degree program start and end dates;

 

ii)         Schedule of tuition, fees and all other charges and expenses necessary for completion of the course of study, and cancellation and refund policies;

 

iii)         A statement regarding the transferability of college credits, including the fact that the decision to accept transfer credits is currently made by receiving institutions;

 

iv)        A statement as to how the institution will advise students on the nature of the transfer process, including the importance of consulting with institutions to which the student may seek to transfer;

 

v)         Evidence of articulation arrangements with institutional counterparts, when these arrangements exist;

 

vi)        A statement of the institution's most recent graduation rates as provided by the institution to the Integrated Postsecondary Education Data System (IPEDS); and

 

vii)        Other material facts concerning the institution and the program or course of instruction as are likely to affect the decision of the student to enroll, together with any other information specified by the Board and defined in this Part.

 

B)        The information listed in subsection (a)(5)(A) shall be available to prospective students prior to enrollment.

 

6)         Upon satisfactory completion of the degree program, the student shall be given the appropriate degree by the institution, indicating that a specifically approved course of instruction or study has been satisfactorily completed by the student.

 

7)         Adequate records shall be maintained by the institution to show attendance, progress or grades, and consistent standards should be enforced relating to attendance, progress and performance.

 

8)         The institution shall be maintained and operated in compliance with all pertinent local, State and national ordinances and laws.

 

9)         The institution should be financially stable and capable of assuring the revenues needed for meeting stated objectives and fulfilling commitments to students.

 

10)         Neither the institution nor its agents should engage in advertising, sales, collection, credit or other practices of any type that are false, deceptive, misleading or unfair.

 

11)         The institution should have a fair and equitable cancellation and refund policy.

 

12)         The faculty, staff and instructors of the institution shall be of good professional reputation and character.

 

13)         If the institution requires the student to sign an enrollment agreement or a similar agreement, the agreement shall provide consumer information including, but not limited to:  an explanation of all criteria and requirements for retention, progress towards degree, and graduation of the student; the institution's tuition, cancellation and refund policies; and a statement of the purpose and amount of any fees assessed.

 

14)         Any institution applying for a certificate of approval or authorization to operate in the State of Illinois must specify its accreditation status.  New institutions without accreditation from an accrediting authority recognized by the U.S. Department of Education or the Council for Higher Education Accreditation shall provide a clearly defined plan to move from candidate to affiliate status.  The plan should include the name of the accrediting organization, the basic outline of the accreditation process, and the projected time line for obtaining affiliate status within five years after the date of Board approval, unless the Board waives the original time line because it is found to be an unrealistic expectation.

 

b)         Procedures for Obtaining a Certificate of Approval and/or Authorization to Operate

Following is a description of the steps in the approval process:

 

1)         Letter of Intent

The Chief Executive Officer of the institution seeking a Certificate of Approval and/or Authorization to Operate a degree-granting postsecondary institution in the State of Illinois should make this intention known by writing to the Board. Following receipt of this letter, the Board staff may arrange a preliminary conference with institutional representatives.

 

2)         Preliminary Conference

The agenda will include a discussion of criteria to be met by the institution and procedures used in applying for a Certificate of Approval and/or Authorization to Operate.

 

3)         Letter of Application and Documentation

Following the preliminary conference, the institutional representatives shall complete the application supplied by the Board. The application requests information and supporting evidence to demonstrate that the institution meets the criteria established.

 

4)         Staff Analysis

Following the receipt of the formal application and accompanying documentation, staff will review and analyze all materials.

 

5)         Site Visit

 

A)        Following completion of documentation and staff analysis of the application, a site visit may be arranged in order to verify and supplement the information provided about the proposed institution. Site visits may be scheduled if:

 

i)          the Board is not familiar with the physical facilities;

 

ii)         the institution asks for a site visit;

 

iii)         questions have been raised about the veracity of the application; or

 

iv)        for other reasons the proposed institution/program does not lend itself to an in-office analysis.

 

B)        The site visit may include interviews with prospective administrators, students, faculty and/or board members and observations of facilities, record systems, financial data and/or curricular resources.

 

6)         Outside Consultants

The Executive Director of the Board, at his or her discretion, may utilize the services of outside consultants to assist the staff in the verification and/or evaluation of the documentation submitted or obtained through the site visit.

 

7)         Staff Report

 

A)        Following the site visit, Board staff will prepare an analysis of the findings and develop a recommendation to the Board regarding the institutional application. This recommendation will be shared with the applicant.

 

B)        The recommendation will be one of the following:

 

i)          That the institution be issued a Certificate of Approval and/or Authorization to Operate, subject to annual reporting and the implementation and maintenance of the conditions under which approval/authorization has been granted; or

 

ii)         That the institution be denied a Certificate of Approval and/or Authorization to Operate.

 

8)         Staff Recommendations to the Board

The Executive Director of the Board will submit the staff recommendation to the Board for action at a regular meeting. The Chief Executive Officer of the applicant institution or a designee will be invited to attend the meeting and comment on the recommendation. In the event the staff recommendation is negative, the applicant shall be given an opportunity to respond in writing. This response shall be transmitted to the Board at the same time as the staff recommendation.

 

9)         Board Action

Following the Board's decision to issue a Certificate of Approval and/or Authorization to Operate or to deny a Certificate of Approval and/or Authorization to Operate, a letter signifying the action will be sent from the Executive Director of the Board to the Chief Executive Officer of the institution. A letter of approval will serve as the official Certificate of Approval/Authorization to Operate for the institution in the State of

Illinois.

 

c)         Initial authorization to operate in Illinois for institutions new to the State shall be for five years.  In the fifth year of operation, the Executive Director of the Board shall instruct staff to conduct a review.  The Board may deny a continuation of the initial approval or offer a limited extension if the institution:

 

1)         Has failed to implement and maintain the conditions that were presented in its application and that formed the basis upon which authorizations were granted;

 

2)         Has failed to maintain sound fiscal status; or

 

3)         Has failed to achieve affiliation status from an accreditation agency within the institution's proposed time line for obtaining accreditation, unless the Board waives the original time line because it is found to be an unrealistic expectation. 

 

d)         Nothing in this Section shall be construed to prevent the Board from withdrawing Certification of Approval or Authorization to Operate at any time, including during the first five years of operation, if an institution has failed to implement and maintain the conditions that were presented in its applications and that form the basis upon which its certificate or authorization was granted.

 

e)         Publications and Information

 

1)         An institution may state that it is approved or authorized to operate in the State of Illinois only after approval has been officially granted and received in writing from the Board.

 

2)         An institution shall not advertise or state in any manner that it is "accredited" by the Board.

 

3)         No institution shall publish or otherwise communicate to prospective students, faculty, staff or the public misleading or erroneous information about the operating or degree-granting status of a given institution.

 

4)         Recruitment and informational materials of an institution that has received only approval and/or authorization from the Board to operate shall indicate that the institution is not yet authorized to award degrees.

 

(Source:  Amended at 32 Ill. Reg. 49, effective December 23, 2008)